9911796707
TMI Blog2008 (9) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... in the current licensing year (2008-09) under SIL category". Other relief as claimed is, that the petitioner may be declared entitled to avail import licence under Annexure-4. 2. Necessary facts are, that according to the petitioner, in exercise of powers conferred by Section 5 of Foreign Trade (Development and Regulation) Act, 1992, the concerned Ministry published Foreign Trade Policy 2004-2009, incorporating the provisions, relating to export and import of goods and service. Then, the Director General of Foreign Trade, New Delhi has issued annual supplement for the year 2007-08 and 2008-09, and the said Director General issued a Policy Circular No. 1 (RE-2007) dt. 26-7-2007, issuing guidelines for import of rough marble blocks/slabs for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on the criteria being, units, who have installed marble gang saw machine, and the units should have been in operation since prior to 31-3-2001, and from out of this category, 100% EOU's, units in SEZ, and units who have been granted marble block import licence under previous licensing years, or are eligible to avail licence in the current licensing year (2008-09), under SIL category, has been excluded. Then, it has also been provided, that all eligible units as above, should have indigenous sales turn over of marble slabs/tiles of Rs. 1.00 crore and above in each of three financial years 2004-05, 2005-06, 2007-08 (2006-07). According to the petitioner, exclusion of those units, who have been granted licence under SIL, or who are eligible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier not covered under the SIL Category. The policy has been devised in consultation with the various State Governments, and the representatives of the industries. It is contended, that if the option suggested by the petitioner is provided, very purpose of broad basing the eligible entities would be defeated. It is also contended that on the same consideration, 100% EOU units, and units in SEZ, have been excluded. It is denied that there is vast difference between the maximum quantity of import, given under the import licence to the petitioner, and the quantity to which the entrepreneur may be entitled, under Annexure-4, rather the quantity 3000 metric ton is upper most ceiling, which can be allowed to importers. Thus, the apprehension of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from their entitlement to get import licence, rather they continue to remain entitled to avail the licence under the SIL. Therefore, it cannot be said, that by issuing the policy scheme Annexure-4, the persons including the petitioner have been deprived to do their business or profession, within the meaning of Article 19(1)(g). 10. Coming to the aspect of the arbitrariness, as contended, it would suffice to say, that the upper ceiling of the total import has been fixed at 1.40 lacs metric ton, under Annexure-3, and identical upper limit has been fixed separately under Annexure-4, thus they do not overlap, in the manner, that one does not take away the share of other. Then much of the apprehension of the petitioner, is based on the entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned, it is clear, that this is the upper most overall ceiling for each individual applicant. Significantly, under Annexure-3, no such overall ceiling has been prescribed. Obviously, with the result, that a person, falling under Annexure-3, in a given case, may even be eligible for import licence for marble, to an extent, for beyond the one permissible under Annexure-4. 11. Thus, it cannot be said, that the policy, being Annexure-4, is either arbitrary or irrational. May be, that in given individual case, for the individual entrepreneur, at a given point of time, and for given reason also, Annexure-4 may appear to be more beneficial than Annexure-3, but then, for deciding the validity of Annexure-4, that alone cannot be considered. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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